Singapore legislation
Section 85
Section 85
Complaints against regulated legal practitioners
(1)
Any complaint of the conduct of a regulated legal practitioner —
must be made to the Society in writing;
must include a statement by the complainant —
as to whether, to the complainant’s knowledge, any other complaint has been made to the Society against the regulated legal practitioner, by the complainant or by any other person, which arises from the same facts as the complainant’s complaint; and
if so, setting out such particulars of each such complaint as the Council may require and the complainant is able to provide; and
must be supported by such statutory declaration as the Council may require, except that no statutory declaration is required if the complaint is made by any public officer or any officer of the Institute.
(1A)
Subject to subsection (4A), the Council must refer every complaint which satisfies the requirements of subsection (1) to the Chairperson of the Inquiry Panel.
(2)
The Council may on its own motion refer any information touching upon the conduct of a regulated legal practitioner to the Chairperson of the Inquiry Panel.
(3)
Any judicial office holder specified in subsection (3A), the Attorney‑General, the Director of Legal Services or the Institute may at any time refer to the Society any information touching upon the conduct of a regulated legal practitioner, and the Council must —
refer the matter to the Chairperson of the Inquiry Panel; or
if that judicial office holder, the Attorney‑General, the Director of Legal Services or the Institute (as the case may be) requests that the matter be referred to a Disciplinary Tribunal, apply to the Chief Justice to appoint a Disciplinary Tribunal.
(3A)
For the purposes of subsection (3), the judicial office holders are —
any Supreme Court Judge;
any Judicial Commissioner;
any Senior Judge;
any International Judge;
the Presiding Judge of the Family Justice Courts; and
the Presiding Judge of the State Courts.
(3B)
[Deleted by Act 40 of 2014]
(4)
Despite subsections (1A), (2) and (3), where 2 or more complaints or information touching upon the conduct of a regulated legal practitioner (including any such complaint or information which had been referred to a Disciplinary Tribunal under section 89) have been received by the Council, the Council may do either or both of the following:
apply to the Chief Justice to refer to the Chairperson of the Inquiry Panel one or more of the complaints or information which in the Council’s opinion are more serious in nature first and defer the referral of the remaining complaints or information;
apply to the Chairperson of the Inquiry Panel for 2 or more of the complaints or information to be dealt with by —
the same Review Committee; or
the same Inquiry Committee.
(4A)
Subject to subsection (4C), the Council must not refer a complaint of the conduct of a regulated legal practitioner to the Chairperson of the Inquiry Panel under subsection (1A) if the complaint is first made to the Society after the expiry of the period of —
6 years from the date of the conduct; or
where the complaint relates to any fraud alleged to have been committed by the regulated legal practitioner, 6 years from the earliest date on which the complainant discovered the fraud or could with reasonable diligence have discovered it, if that period expires later than the period referred to in paragraph (a).
(4B)
Subject to subsection (4C), the Council must not refer any information touching upon the conduct of a regulated legal practitioner to the Chairperson of the Inquiry Panel under subsection (2) after the expiry of the period of —
6 years from the date of the conduct; or
where the information relates to any fraud alleged to have been committed by the regulated legal practitioner, 6 years from the earliest date on which the Council discovered the fraud or could with reasonable diligence have discovered it, if that period expires later than the period referred to in paragraph (a).
(4C)
The Council may, with the leave of the court —
refer a complaint of the conduct of a regulated legal practitioner to the Chairperson of the Inquiry Panel under subsection (1A) after the expiry of the period mentioned in subsection (4A); or
refer any information touching upon the conduct of a regulated legal practitioner to the Chairperson of the Inquiry Panel under subsection (2) after the expiry of the period mentioned in subsection (4B).
(4D)
An application for the leave of the court under subsection (4C) must be —
made by the Council by originating summons; and
accompanied by an affidavit —
setting out —
every document constituting the complaint of the conduct of the regulated legal practitioner concerned, including every statutory declaration in support of the complaint, if any; or
the facts constituting the information touching upon the conduct of the regulated legal practitioner concerned,as the case may be;
explaining why the complaint was not made to the Society before the expiry of the period mentioned in subsection (4A), or why the information was not referred to the Chairperson of the Inquiry Panel before the expiry the period mentioned in subsection (4B), as the case may be; and
explaining why the complaint or information (as the case may be) should be referred to the Chairperson of the Inquiry Panel, despite the expiry of the period mentioned in subsection (4A) or (4B), as the case may be.
(4E)
The application and affidavit mentioned in subsection (4D) must be served on the regulated legal practitioner concerned.
(5)
Where any complaint or information touching upon the conduct of a regulated legal practitioner is referred to the Chairperson of the Inquiry Panel, the Council must inform the regulated legal practitioner concerned that it has done so and must furnish him or her a copy of the complaint or information.
(6)
Where any complaint or information touching upon the conduct of a regulated legal practitioner is referred to the Chairperson of the Inquiry Panel under subsection (1A), (2) or (3), the Chairperson or Deputy Chairperson of the Inquiry Panel must, within 2 weeks, constitute a Review Committee consisting of —
a chairperson, being the Chairperson or Deputy Chairperson himself or herself or a member of the Inquiry Panel who is an advocate and solicitor of not less than 12 years’ standing; and
such of the following as may be applicable:
a Legal Service Officer who has not less than 10 years’ experience, if the regulated legal practitioner is an advocate and solicitor;
a member of the Inquiry Panel who is a regulated foreign lawyer of not less than 10 years’ standing, if the regulated legal practitioner is a regulated foreign lawyer,to review the complaint or information, and the review by the Review Committee must start within 2 weeks of its constitution.
(7)
A Review Committee may, in the course of a review under subsection (6), require the complainant or the regulated legal practitioner concerned to answer any inquiry or to furnish any record that the Review Committee considers relevant for the purpose of the review.
(8)
A Review Committee must complete its review under subsection (6) within 4 weeks of its constitution, and —
direct the Council to dismiss the matter if it is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance and give the reasons for the dismissal; or
in any other case, refer the matter back to the Chairperson of the Inquiry Panel.
(8A)
The Chairperson or Deputy Chairperson of the Inquiry Panel may, on the written application of a Review Committee, grant to the Review Committee an extension of the period specified in subsection (8) if he or she is satisfied that the circumstances of the case justify the grant of the extension, except that any extension granted must not extend beyond a period of 6 weeks from the date of the constitution of the Review Committee.
(9)
The Council must, within 7 days of receiving any direction under subsection (8)(a) —
give effect to the direction to dismiss the matter; and
inform the complainant and the regulated legal practitioner concerned of the dismissal of the matter and furnish the complainant with the reasons of the Review Committee in writing.
(10)
Where any complaint or information touching upon the conduct of a regulated legal practitioner is referred back to the Chairperson of the Inquiry Panel under subsection (8)(b), the Chairperson or Deputy Chairperson of the Inquiry Panel must, within 3 weeks, constitute an Inquiry Committee consisting of —
a chairperson, being a member of the Inquiry Panel who is an advocate and solicitor of not less than 12 years’ standing;
a member of the Inquiry Panel who is —
an advocate and solicitor, if the regulated legal practitioner is an advocate and solicitor; or
a regulated foreign lawyer, if the regulated legal practitioner is a regulated foreign lawyer;
a member of the Inquiry Panel who is a lay person; and
a Legal Service Officer who has not less than 10 years’ experience,to inquire into the complaint or information.
(11)
A member of a Review Committee who has reviewed any matter concerning any regulated legal practitioner is not thereby disqualified from acting as a member of an Inquiry Committee inquiring into the same matter.
(12)
An Inquiry Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as the members may think fit.
(13)
The chairperson of an Inquiry Committee may at any time summon a meeting of the Inquiry Committee.
(14)
Any questions arising at any meeting of an Inquiry Committee are to be determined by a majority of votes of the members of the Committee, and in the case of an equality of votes, the chairperson of the Inquiry Committee has a second or casting vote.
(15)
All the members of an Inquiry Committee must be present to constitute a quorum for a meeting of the Inquiry Committee.
(16)
Any resolution or decision in writing signed by all the members of an Inquiry Committee is as valid and effectual as if it had been made or reached at a meeting of the Inquiry Committee where all its members were present.
(17)
Any person who makes a complaint to the Society under this Part must furnish to the Chairperson or Deputy Chairperson of the Inquiry Panel, or the chairperson of a Review Committee or of an Inquiry Committee, such statutory declarations or affidavits in support of the complaint as that Chairperson, Deputy Chairperson or chairperson may require within such time as that Chairperson, Deputy Chairperson or chairperson may specify.
(17A)
Where a complaint is made to the Society under this Part, and the whole or any part of the complaint or any document furnished in support of the complaint is in a language other than English —
the complainant must furnish to the Society an English translation of that whole or part of the complaint or document which is verified by the affidavit of a person qualified to translate it; or
if the complainant fails to do so, the Society —
may arrange for the translation into English of that whole or part of the complaint or document; and
is entitled to recover from the complainant all reasonable costs of the translation as if they were a debt due to the Society.
(17B)
Where any voice recording is tendered in support of a complaint made to the Society under this Part —
the complainant must furnish to the Society —
a transcript of the recording, the transcript to be verified by the affidavit of the person who transcribed the recording; and
if the transcript is in a language other than English, an English translation of the transcript which is verified by the affidavit of a person qualified to translate it; or
if the complainant fails to do so, the Society —
may arrange for the transcription of the recording and, if the transcript of the recording is in a language other than English, the translation into English of the transcript of the recording; and
is entitled to recover from the complainant all reasonable costs of the transcription and translation as if they were a debt due to the Society.
(18)
An Inquiry Committee may require any person making a complaint to the Society under this Part to deposit with the Society a reasonable sum not exceeding $1,000 to cover costs.
(19)
Where the complaint is found to be frivolous or vexatious —
the Inquiry Committee may, after hearing the complainant (if the complainant desires to be heard) —
order the complainant to pay to any person all or any costs reasonably incurred by that person in the proceedings before the Inquiry Committee; and
in the order, specify the amount of those costs or direct that the amount be taxed by the Registrar;
any sum deposited under subsection (18) must be applied for the payment of those costs, and any balance of that sum must be returned to the complainant; and
if no sum has been deposited under subsection (18), or if any sum deposited under subsection (18) is insufficient to cover those costs, the person awarded those costs may sue for and recover the costs which remain unpaid as if they were a debt due to the person.
(19A)
Where —
an Inquiry Committee has made any order under subsection (19)(a); and
the complainant is dissatisfied with that order,the complainant may, within 14 days of being notified of that order, apply to a Judge for a review of that order.
(19B)
An application under subsection (19A) must be —
made by originating summons; and
served on the Society and on every person against whom any relief is sought.
(19C)
At the hearing of an application under subsection (19A), the Judge may —
affirm, vary or set aside the order of the Inquiry Committee; and
make such order for the payment of costs as may be just.
(20)
A member of an Inquiry Committee is, even though he or she has ceased to be a member of the Inquiry Panel on the expiry of his or her term of office, deemed to be a member of the Inquiry Panel until such time as the Council has decided that the Inquiry Committee of which he or she is a member has completed its work.
(21)
Any person who makes a complaint to the Society under this Part which he or she knows to be false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.